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To promote stable, constructive labor-management relations through the resolution and prevention of labor disputes in a manner that gives full effect to the collective-bargaining rights of employees, unions, and agencies.

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American Federation of Government Employees, AFL-CIO, Local 3792 (Union) and Federal Home Loan Bank Board, Cincinnati, Ohio (Activity)&nbsp;&nbsp;

[ v06 p324 ] 06:0324(57)NG
The decision of the Authority follows:

6 FLRA No. 57
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO,
LOCAL 3792
(Union)
and
FEDERAL HOME LOAN BANK BOARD,
CINCINNATI, OHIO
(Activity)
Case No. O-NG-484
ORDER DISMISSING PETITION FOR REVIEW
THIS MATTER COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY
PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET. SEQ. (SUPP.
III(1979)).
THE RECORD IN THIS CASE INDICATES THAT DURING NEGOTIATIONS BETWEEN
THE ACTIVITY AND THE UNION, THE ACTIVITY ALLEGED THAT A UNION PROPOSAL
CONCERNING COMMUTING PER DIEM TIME WAS INCONSISTENT WITH A FEDERAL HOME
LOAN BANK BOARD REGULATION AND, IN EFFECT, THAT THE DUTY TO BARGAIN
THEREFORE DID NOT EXTEND TO THE PROPOSAL. THE UNION THEN FILED THE
INSTANT APPEAL WITH THE AUTHORITY, SEEKING A DETERMINATION, PURSUANT TO
SECTION 7117(B) OF THE STATUTE AND SECTION 2424.1(A)(3) OF THE
AUTHORITY'S RULES OF PROCEDURE (5 CFR 2424.1(A)(3) (1981)), AS TO
WHETHER A COMPELLING NEED EXISTS FOR THE AGENCY REGULATION IN QUESTION.
SUBSEQUENTLY, IN ITS STATEMENT FILED PURSUANT TO SECTION 2424.6 OF THE
RULES (5 CFR 2424.6(1981)), THE AGENCY, IN EFFECT, WITHDREW THE
ALLEGATION OF NONNEGOTIABILITY.
SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S
PROPOSAL, THERE IS NO LONGER AN ISSUE AS TO WHETHER THE PROPOSAL IN THIS
CASE IS WITHIN THE PARTIES' DUTY TO BARGAIN UNDER THE STATUTE. THE
DISPUTE INVOLVED IN THE UNION'S APPEAL THEREFORE HAS BEEN RENDERED MOOT.
ACCORDINGLY,
IT IS HEREBY ORDERED, THAT THE UNION'S PETITION FOR REVIEW HEREIN BE,
AND IT HEREBY IS, DISMISSED.
FOR THE AUTHORITY.
ISSUED, WASHINGTON, D.C., JULY 23, 1981
JAMES J. SHEPARD, EXECUTIVE DIRECTOR